Denny keeps lawyer, preliminary inquiry set for July

Andre Noel Denny, accused of second-degree murder in the April 2012 beating death of Raymond Taavel, leaves Halifax provincial court Tuesday after a brief appearance. A preliminary inquiry is set for July. (PETER PARSONS/Staff)

UPDATED 5:40 p.m. Tuesday

A Cape Breton man accused of killing a Halifax gay rights activist last year won’t be getting a new lawyer after all.

Veteran Dartmouth lawyer Don Murray confirmed Tuesday in Halifax provincial court that he will continue to represent Andre Noel Denny, who’s charged with second-degree murder in the April 17, 2012, death of Raymond Taavel.

A preliminary inquiry was supposed to get underway a month ago but was adjourned after Murray said he had concerns about his client’s mental health and Denny told the court he no longer trusted his lawyer and wanted to fire him.

But Murray told the judge Tuesday that after a lengthy meeting with Denny and his family Monday, he will be staying on as counsel.

Judge Bill Digby asked Denny if he was content to have Murray represent him.

“Yes, I agree,” Denny said after a pause.

The judge rescheduled the inquiry for July 8-10 and remanded the 33-year-old Membertou man to the East Coast Forensic Hospital in Dartmouth to maintain his mental fitness.

Taavel, 49, was beaten to death when he tried to break up an early morning fight between two men outside a bar on Gottingen Street in Halifax. Denny was arrested a short time later.

Denny, who suffers from schizophrenia, was being treated at the forensic hospital at the time after being found not criminally responsible for an assault causing bodily harm. He had been granted a one-hour, unescorted pass from the Dartmouth hospital the day before. Police were called when he didn’t return to the institution.

In response to the incident, the province launched an investigation into the circumstances of Denny’s release and the hospital’s release procedures and policies.

At the time, the hospital declared itself in a conflict because of the review and hired outside psychiatrists to assess whether Denny was fit to stand trial on the charges.

In September, the province and Capital Health released a report that outlined 18 steps for the forensic hospital and the province’s Criminal Code Review Board to tighten up community access rules for patients at the hospital. Fifteen of the recommendations were specific to the hospital and three related to the board.

In addition, patients who are found not criminally responsible are no longer permitted any indirect supervision without first going through a Criminal Code Review Board hearing, which happens 45 days after their admission.

The hospital has since hired a community monitor to check on patients who are out of the hospital on passes or living in the community.

Outside court, Murray said the purpose of Tuesday’s court appearance was to learn Denny’s choice of counsel.

“His choice was to remain with me,” Murray told reporters. “That had been in some doubt since February, but that’s been resolved, particularly with the assistance of his family. … His stepfather and his natural father both are very involved and concerned about his situation.”

The preliminary inquiry will determine if there is sufficient evidence to proceed to trial in Nova Scotia Supreme Court, where Denny would be tried by a judge and jury.

If Denny is committed to stand trial, Murray said he is confident the Supreme Court will do what it can to accommodate his client “within a reasonable time.”

He said he has no idea how long the trial would be.

Asked about Denny’s condition, Murray replied: “He’s had some challenges but overall I think we’re in a better place than we were in February. Let me leave it at that.”

Murray requested that the judge word the remand order so that Denny can be transferred from the assessment unit of the forensic hospital to the treatment side.

“There are more restrictions when you’re under assessment than when you’re there for rehabilitation or treatment,” the lawyer explained. “Those assessment conditions have been wearing on Mr. Denny.

“No one likes to be penned up or caged, but the restrictions on his liberty will be fewer on the rehabilitation side than they are currently on the assessment side.”

Murray said he doubts Denny will be granted any passes. “It’s a remand until there’s a bail hearing. So he’s not going to be going out for a smoke.”